DPP v H
| Jurisdiction | England & Wales |
| Judgment Date | 15 April 1997 |
| Date | 15 April 1997 |
| Court | Queen's Bench Division |
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6 cases
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Aline Loake v Crown Prosecution Service
...prosecution submitted on the basis of the authorities of R v Colohan [2001] EWCA Crim 1251 and Director of Public Prosecutions v Harper [1997] 1 WLR 1406 that the offence under Section 2(1) of the PFHA required no proof of mens rea that could be negatived by a defence of insanity, and that ......
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R (Surat Singh) v Stratford Magistrates Court
...any criminal prosecution whatsoever". Trial before Justices was of course well established at that time, if not for indictable offences. In DPP v H [1997] 1 WLR 1406 at 1409 this court reached the same general conclusion as in ex p K, although the particular offence before it was one of str......
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Attorney General's Reference (No. 3 of 1998)
...Court it was held recently that the common law defence of insanity was not available when mens rea was not an element of the offence ( DPP v H [1997] 1 WLR 1406).Moreover in the only reasoned speech in R v Sullivan [1984] AC 156, Lord Diplock suggested that the M'Naghten Rules had defined "......
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CVB v MGN Ltd
...wrecked (as a result of it being well known that he had been dismissed for impropriety)) and Director of Public Prosecutions v. H. [1997] 1 WLR. 1406 (a decision of the Divisional Court, where the issue was whether H. could rely upon insanity as a defence to a charge of driving when the pr......
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3 books & journal articles
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Table of Cases
...Harper v DPP [2001] EWHC Admin 1071, unreported! 349 .................................. Harper, DPP v [1997] 1 WLR 1406, [1998] RTR 200, DC! 464 ................................................ Harrison, DPP v [2007] EWHC 556 (Admin), DC! 511 ......................................................
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High Court
...available for such an offence.The prosecution, relying on RvColohan [2001] EWCA Crim 1251 and Director of Public Prosecu-tions vHarper [1997] 1 WLR 1406, submitted that the offence under s. 2(1) of the PFHA required noproof of mens rea that could be negatived by a defence of insanity and th......
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Defences
...DEFENCES alcohol in his blood. There is no evidence whatever that there was no such likelihood.” Application dismissed. DPP v Harper [1997] 1 WLR 1406, [1998] RTR 200, 15 April 1997, QBD (DC) Insanity is not a defence to driving with excess alcohol because no mens rea is required. Magistrat......